INDIAN PENAL CODE

Powerful Essays
2014 STPL(Web) 72 SC
Aveek Sarkar & Anr. Vs. State of West Bengal & Ors.

1

2014 STPL(Web) 72 SC
SUPREME COURT OF INDIA
(K. S. RADHAKRISHNAN AND A.K. SIKRI, JJ.)

AVEEK SARKAR & ANR.
Appellants
VERSUS
STATE OF WEST BENGAL & ORS.
Respondents
Criminal Appeal No.902 of 2004-Decided on 3-2-2014.
Quashing of complaint - Obscene photographs – Quashed
JUDGMENT
K. S. Radhakrishnan, J.:- A German magazine by name “STERN” having worldwide circulation published an article with a picture of Boris Becker, a world renowned Tennis player, posing nude with his dark-skinned fiancée by name Barbara Feltus, a film actress, which was photographed by none other than her father. The article states that, in an interview, both Boris Becker and Barbaba Feltus spoke freely about their engagement, their lives and future plans and the message they wanted to convey to the people at large, for posing to such a photograph. Article picturises Boris Becker as a strident protester of the pernicious practice of “Apartheid”. Further, it was stated that the purpose of the photograph was also to signify that love champions over hatred.
2. “Sports World”, a widely circulated magazine published in India reproduced the article and the photograph as cover story in its Issue 15 dated 05.05.1993 with the caption “Posing nude dropping out of tournaments, battling Racism in Germany. Boris Becker explains his recent approach to life” – Boris
Becker Unmasked.
3. Anandabazar Patrika, a newspaper having wide circulation in Kolkata, also published in the second page of the newspaper the above-mentioned photograph as well as the article on 06.05.1993, as appeared in the Sports World.
4. A lawyer practicing at Alipore Judge’s Court, Kolkata, claimed to be a regular reader of Sports World as well as Anandabazar Patrika filed a complaint under Section 292 of the Indian Penal Code against the
Appellants herein, the Editor and the Publisher and Printer of the newspaper as well as

You May Also Find These Documents Helpful

  • Powerful Essays

    Indian Penal Code

    • 8942 Words
    • 36 Pages

    Indian Penal Code Q- 1. Define crime, discuss its essential elements. Ans- it is very difficult to give a correct and precise definition of crime, Glanville Williams, admitted the impossibility of having a workable content based definition of crime, points out that the definition of crime is one of the sharp intellectual problem of law. Likewise Russell also admitted that – to define crime is a task which so far has not been satisfactorily accomplished by any writer. Such a difficulty…

    • 8942 Words
    • 36 Pages
    Powerful Essays
  • Good Essays

    THE NEED OF AMENDMENT IN 304 –A OF INDIAN PENAL CODE By R. VINOBA SELVANDURAI, GUEST LECTURER, GOVERNMENT LAW COLLEGE, THIRUNELVELI The dawn of third millennium has seen many ups and downs in human relations. There have been many turbulent changes in the society. This has not spared even doctor-patient relationship. The rapid changes in the medical field have strained the age-old good relations between the patient and the treating physician or surgeon. Criminal law is applicable to all individuals…

    • 1237 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Revised Penal Code

    • 820 Words
    • 4 Pages

    Southern Leyte Written Report About Revised Penal Code Submitted By: Lady Pearl E. Singson BSIT 302 Submitted To: Monna Liza Bosque Revised Penal Code of the Philippines The Revised Penal Code contains the general penal laws of the Philippines. First enacted in 1930, it remains in effect today, despite several amendments thereto. It does not comprise a comprehensive compendium of all Philippine penal laws. The Revised Penal Code itself was enacted as Act No. 3815, and some…

    • 820 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The Model Penal Code

    • 335 Words
    • 2 Pages

    Model Penal Code The Model Penal Code was enacted to specify certain offenses. The Model Penal Code is one of the most vital improvements in American law; possibly the most important influence on American criminal law since it was completed in 1962. Conceived as a way to standardize and categorize the often fragmentary criminal codes enacted by the states; the Model Penal Code has influenced a large majority of states to change their laws. Some provisions of the Model Penal Code are…

    • 335 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    The Iranian Penal Code

    • 183 Words
    • 1 Page

    Iran is an exceedingly socially stratified society based on wealth, power, ethnicity, and gender, where all people must act according to the traditions and norms corresponding with their biological sex. The Iranian Penal Code reflects these norms and punishes those that act contrarily to them, and is particularly heavy-handed when it comes to striking the gavel on LGBT related crimes. While being LGB is a crime, the state has figured out a way to substantiate the claims made by officials, such as…

    • 183 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    Pakistan Penal Code

    • 70215 Words
    • 281 Pages

    Pakistan Penal Code (Act XLV of 1860) Act XLV of 1860 October 6th, 1860 Amended by: Protection of Women (Criminal Laws Amendment) Act, 2006,Criminal Laws (Amendment) Act, 2004 (I of 2005),Criminal Law (Amendment) Ordinance (LXXXV of 2002),Criminal Laws (Reforms) Ordinance (LXXXVI of 2002),etc. Whereas it is expedient to provide a general Penal Code for Pakistan: It is enacted as follows:- CHAPTER I INTRODUCTION 1. Title and extent of operation of the Code. This Act shall be called the Pakistan…

    • 70215 Words
    • 281 Pages
    Powerful Essays
  • Satisfactory Essays

    meaning "guilty mind". It refers to the criminal intent that is necessary as an element to be proven in a crime. Many civil law claims also include some level of mens rea as a required element. The four levels of mens rea set forth in the Model Penal Code are: 1. Purposely - Express purpose to commit a specific crime against a particular person 2. Knowingly - Knowledge that one's actions would certainly result in a crime against someone, but did not specifically intend to commit that crime against…

    • 352 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    to study ‘culpable homicide’ and ‘murder’ as per the Indian Penal Code, 1860, in relation to the Exception of “loss of self-control due to grave and sudden provocation”. The concerned Exception is first of the five that enlist situations when culpable homicide is not murder, as provided in Section 3004 defining ‘murder’. Subsequently, the scope of this Exception as well as the conditions necessary and tests applied in such cases by the Indian courts shall be examined with the study of a few landmark…

    • 6674 Words
    • 20 Pages
    Powerful Essays
  • Good Essays

    America’s Penal System: Help or Punish? “Jails and prisons are designed to break human beings, to convert the population into specimens in a zoo - obedient to our keepers, but dangerous to each other” (Davis). The penal system was first put in place to lock away criminals and protect the community. Now it has become a space with a constant flow of visitors. Inmates are falling into the depths of their minds as they stay isolated within cells with little treatment. Their mental health becomes estranged…

    • 1218 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Death Penal

    • 580 Words
    • 3 Pages

    Death Penalty There have been many heated debates when it comes to the death penalty. Some people view it on a moral standpoint whereas others look at it from a criminal standpoint. Both sides of the death penalty will be viewed in this paper so that we will have a better understanding of it. Some of the main key points that will be discussed are deterrence, retribution, incapacitation, and cost. When looking at the death penalty from a positive standpoint, you have to rely on the punishment…

    • 580 Words
    • 3 Pages
    Good Essays